3745-67-24
Response actions.

(A)
The owner or operator of surface impoundment units
subject to paragraph (A) of rule
3745-67-21 of the Administrative
Code must submit a response action plan to the director when submitting the
proposed action leakage rate under rule
3745-67-22 of the Administrative
Code. The response action plan must set forth the actions to be taken if the
action leakage rate has been exceeded. At a minimum, the response action plan
must describe the actions specified in paragraph (B) of this rule.

(B)
If
the flow rate into the leak detection system exceeds the action leakage rate
for any sump, the owner or operator must:

(1)
Notify the
director in writing of the exceedance within seven days after the
determination;

(2)
Submit a preliminary written assessment to the
director within fourteen days after the determination, as to the amount of
liquids, likely sources of liquids, possible location, size, and cause of any
leaks, and short-term actions taken and planned;

(3)
Determine to the
extent practicable the location, size, and cause of any leak;

(4)
Determine
whether waste receipt should cease or should be curtailed, whether any waste
should be removed from the unit for inspection, repairs, or controls, and
whether or not the unit should be closed;

(5)
Determine any
other short-term and longer-term actions to be taken to mitigate or stop any
leaks; and

(6)
Within thirty days after the notification that the
action leakage rate has been exceeded, submit to the director the results of
the analyses specified in paragraphs (B)(3), (B)(4), and (B)(5) of this rule,
the results of actions taken, and actions planned. Monthly thereafter, as long
as the flow rate in the leak detection system exceeds the action leakage rate,
the owner or operator must submit to the director a report summarizing the
results of any remedial actions taken and actions planned.

(C)
To
make the leak and/or remediation determinations in paragraphs (B)(3), (B)(4),
and (B)(5) of this rule, the owner or operator must:

(b)
Conduct a
fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location
of any leaks, and the hazard and mobility of the liquid; and

(c)
Assess the
seriousness of any leaks in terms of potential for escaping into the
environment; or